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5 17 04 Agenda with icons CITY OF DUBUQUE, IOWA CITY COUNCIL MEETING 5:00 P.M. - STORMWATER MANAGEMENT 6:30 P.M. - REGULAR MEETING LIBRARY AUDITORIUM MONDAY, MAY 17, 2004 INVOCATION Reverend Merlin Schlichting, Pastor of S1. Peter Lutheran Church CONSENT ITEMS The consent agenda items are considered to be routine and non-controversial and all consent items will be normally voted upon in a single motion without any separate discussion on a particular item. If you would like to discuss one of the Consent Items, please go to the microphone and be recognized by the Mayor and state the item you would like removed from the Consent Agenda for separate discussion and consideration. 1. Minutes and Reports Submitted Airport Commission of 4/26; Cable TV Teleprogramming Commission of 4/26; City Council of 5/3; Human Rights Commission of 4/12; Investment Oversight Advisory Commission of 4/29; Park and Recreation Commission of 4/13; Zoning Advisory Commission of 5/5; Zoning Board of Adjustment of 4/22 Proofs of publication of City Council Proceedings of 4/19 and List of Claims and Summary of Revenues for month ending March 31, 2004 Investment Oversight Commission 44th Quarterly Report Suggested Disposition: Receive and File ~ ~ ~ tIJ ~ ~ Airport Cable TV Council Human Rights Investment Oversight Park and Rec ~ ~ ~ Zoning Advisory Zoning Bd of Adj Quarterly Report 2. Notice of Claims/Suits Dan Galle for vehicle damage; Angela McCarthy for personal injury Suggested Disposition: Receive and File; Refer to Legal for Investigation/Report Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Angela McCarthy for personal injury Suggested Disposition: Receive and File; Concur [jJ] Claims - ICAP 3. Citizen Communications Communications from Sara Mewbourne and Realtors Janann Kleinstiver and John Klauer regarding sewer problems at 335 Klingenberg Terrace and requesting City assistance. Communication from Sister Bernadine Curoe, SVM, submitting a petition in support of amending the current non-discrimination ordinance to include the category of sexual orientation. Suggested Disposition: Receive and File; Refer to City Manager [jJ] Mewboume Ltr [jJ] Realtors Ltr [jJ] Curoe Ltr w/Petition 4. Tentative Agreement with the Dubuque Professional Firefighter's Association, Local #353 City Manager recommending approval of a Tentative Agreement between the City of Dubuque and the Dubuque Professional Firefighter's Association, Local #353. RESOLUTION Accepting the Tentative Agreement between the City of Dubuque, Iowa, and the Dubuque Professional Firefighters' Association, Local #353 and authorizing the Mayor to sign the agreement Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ [iJJ Point of Service Plan Agreement - MVM Memo Agreement - Staff Memo Agreement - Resolution 2 5. Parking Enforcement Software City Manager recommending acceptance of the Parking Enforcement Software Project, as completed by EDC Corporation, in the final contract amount of $77,525. RESOLUTION Accepting parking enforcement software RESOLUTION Final estimate for the parking enforcement software Suggested Disposition: Receive and File; Adopt Resolutions ~ tIJ ~ tIJ Software - MVM Software - Staff Software - Software - Memo Memo Resoiution #1 Resolution #2 6. Iowa Street Ramp Skywalk Improvement Project City Manager recommending acceptance of the Iowa Street Ramp Skywalk Project, as completed by Dubuque Glass Company and Prostruct Construction, in the final contract amount of $50,241.83. RESOLUTION Accepting improvement for the Iowa Street Ramp Skywalk Project RESOLUTION Final estimate for the Iowa Street Ramp Skywalk Project Suggested Disposition: Receive and File; Adopt Resolutions tIJ tIJ tIJ ~ Skywalk - MVM Memo Skywalk - Staff Memo Skywalk - Resolution #1 Skywalk-Resolution #2 7. Community Development Financial Institution (CDFI) Study City Manager recommending approval to enter into a contract with Paige Chapel, co- funded by Dubuque Bank and Trust, for the purpose of an initial assessment of the feasibility of establishing a community development financial institution (CDFI) in Dubuque. Suggested Disposition: Receive and File; Approve tIJ tIJ [iJJ CDFI Scope of Work CDFI- MVM Memo CDFI - Staff Memo 3 8. 9. 10. Phase V - Architectural/Historic Survey Consultant City Manager recommending approval of the selection of Jim Jacobsen as the consultant for Phase V of the Architectural/Historic Survey which involves the survey of Dubuque's oldest residential neighborhoods adjacent to the downtown area. RESOLUTION Approving a contract for Phase V Architectural/Historic Survey/ Evaluation Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Phase V - MVM Memo Phase V - Staff Memo Phase V - Resolution Save America's Treasures Grant Application City Manager recommending approval of a Save America's Treasures grant application in the amount of $300,000 for the Dubuque Shot Tower Rehabilitation Project. RESOLUTION Authorizing submittal of a grant application for rehabilitation of the Dubuque Shot Tower Suggested Disposition: Receive and File; Adopt Resolution ~ tIJ ~ ~ Grant - MVM Memo Grant - Staff Memo Grant Application Grant - Resolution Water Meter Reading Contract Renewal City Manager recommending approval of a third five-year renewal of the City of Dubuque water meter-reading contract with Aquila effective July 1, 2004. Suggested Disposition: Receive and File; Approve ~ tIJ lIJ [jJ] Meter Reading Contract Contract - MVM Memo Contract - Staff Memo Aquila Expenditures 11. Fiscal Year 2005 Annual Action Plan - Amendment #1 City Manager recommending approval of an amendment to the City's Community Development Block Grant (CDBG) Fiscal Year 2005 Annual Plan to provide for additional funding for the Community Partnership (cp2) program. RESOLUTION Approving Amendment #1 to the Fiscal Year 2005 (Program Year 2004) Annual Action Plan for Community Development Block Grant funds 4 12. 13. 14. Suggested Disposition: Receive and File; Adopt Resolution ~ tIJ tIJ tIJ Annual Plan - MVM Memo Annual Plan - Staff Memo Annual Plan - Resolution Exhibit A Community Partnership (cp2) Program - Fiscal Year 2005 Recommendation City Manager recommending approval of the Community Development Advisory Commission's allocation of Community Partnership Program (cp2) funds for Fiscal Year 2005. RESOLUTION Authorizing the award of Community Partnership Program (cp2) Funds for Fiscal Year 2005 Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ cp2 - MVM Memo cp2 - Resolution cp2 - Staff Memo Purchase of Property City Manager recommending approval of the purchase of a residential dwelling located at 827 West 32nd Street as part of the acquisition program associated with expansion of the West 32nd Street detention basin. RESOLUTION Approving the acquisition of real estate located at 827 West 32nd Street in the City of Dubuque Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ Purchase - MVM Memo Purchase - Staff Memo Purchase - Resolution Heartland Financial Downtown Rehab Loan City Manager recommending approval of a Memorandum of Understanding with Heartland Financial to provide certain financial assistance for the rehabilitation of the former Walsh Store Building, including a $300,000 Downtown Rehabilitation Loan. RESOLUTION Authorizing a Letter of Commitment and additional actions concerning a Downtown Rehabilitation Loan to Heartland Financial USA, Inc. Suggested Disposition: Receive and File; Adopt Resolution 5 15. 16. 17. ~ tIJ ~ §J Rehab Loan - MVM Memo Rehab Loan - Staff Memo Rehab Loan- Resolution Ltr of Commitment Pvt. Michael Deutsch Resolution Communication from Terry L. Cox, City Administrator of Harlan, Iowa, submitting a resolution of sympathy and support in honor of Pvt. Michael Deutsch. Suggested Disposition: Receive and File [i] Resolution State Historical Society of Iowa Communication from the State Historical Society of Iowa advising that the West Eleventh Street Historic District and the Langworthy HistoricDistrict will be considered by the State National Register Nominations Review Committee for nomination to the National Register of Historic Places on June 11, 2004. Suggested Disposition: Receive and File [iJ] State Historical Society Ltr Business Licenses RESOLUTION Granting the issuance of a Class "B" Beer (5-Day Special Event) Permit to Dubuque Jaycees (ARC Games, Main Event, Grand Excursion and All That Jazz) and Dubuque Rotary (Grand Excursion); Class "B" Permit to Pizza Hut (2075 John F. Kennedy Road and 320 East 20th Street); and Class "C" Beer Permit to Casey's General Store #2420 and Casey's General Store #2421 RESOLUTION Granting the issuance of a Class "A" (Club) Liquor License to Dubuque Golf and Country Club; Class "C" Beer/Liquor License to Corner Tap, Tott's Tap, Easy Street and Clarke College; and Special Class "C" Liquor License to Athenian Grill Suggested Disposition: Adopt Resolutions ~ ~ Resolution #1 Resolution #2 6 PUBLIC HEARINGS SUSPEND THE RULES 1. Julien Dubuque Drive Planned Industrial District Proof of publication on notice of hearing to consider an amendment to the Julien Dubuque Drive Planned Industrial District to allow off-premise signs (billboards) in Zone A as per Heavy Industrial bulk standards at the request of Flint Drake/Bird Sign, Inc. and Zoning Advisory Commission recommending denial. ORDINANCE Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Section E(3) of Ordinance No. 17-84 and enacting a new Section E(3) in lieu thereof pertaining to off-premise signage requirements of the Julien Dubuque Drive PI Planned Industrial District Suggested Disposition: Receive and File; Concur with Denial; or Motion B; Motion A (Super Majority Vote) ~ [i] [jJ] Bird Sign Ltr [i] JD Drive - Vicinity Map ~ JD Drive - ZAC Ltr JD Drive - Applicatior JD Drive - Staff Memo JD Drive - Ordinance [iJ] JD Drive - DNR Ltr 2. Text Amendment - Greater Downtown Urban Renewal District Proof of publication on notice of hearing to consider an amendment to the C-5 Business District to coincide with the Greater Downtown Urban Renewal District regarding regulation of off-street parking as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval. ORDINANCE Amending Section 3-3.5(G)(E) of the City of Dubuque Code of Ordinances by revising the off-street parking requirements in the C-5 Business District Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ [i] City - Vicinity Map ~ City - ZAC Ltr oty - Application Oty - Staff Memo City - Ordinance [i] Appendix A 7 3. Sale of Park Property Proof of publication on notice of hearing to consider a request from Jeffrey and Julie Ann Chase to purchase a portion of Gay Park and City Manager recommending approval. RESOLUTION Approving plat of Lot 1-3 and Lot 2-3 of Grommersch Place, Dubuque, Iowa RESOLUTION Disposing of City interest in Lot 1-3 of Grommersch Place, Dubuque, Iowa Suggested Disposition: Receive and File; Adopt Resolutions ~ Gay Park - MVM Memo ~ ~ ~ [jJ] Gay Park - Plat Gay Park - Staff Memo Gay Park- Resolution #1 Gay Park- Resolution #2 Material from May 3, 2004 Meeting ~ tIJ tIJ [i] Park - Map and Plat Park - MVM Memo Park - Staff Memo Park - Resolution 4. Residential Parking Permit District Proof of publication on notice of hearing to consider establishing a Residential Parking Permit District on West 15th Street from Cornell Street to Fairview Street, West 16th Street from Catherine Street to Fairview Place, Cornell Street and Picket Street as requested by the residents of the area and City Manager recommending approval. ORDINANCE Amending the Code of Ordinances of the City of Dubuque, Iowa, by modifyin~ Subsection (a) of Section 32-397 thereof providing for the designation of West 15t Street from Cornell Street to Fairview Street, West 16th Street from Catherine Street to Fairview Place, Cornell Street, and Picket Street as a Residential Parking Permit District ORDINANCE Amending Section 32-262(d) of the Code of Ordinances of the City of Dubuque, Iowa, prohibiting parking on designated streets or portions thereof by adding May Place from Cornell Street to its westerly terminus Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ ~ RPPD - MVM Memo RPPD - Staff Memo RPPD - Ordinance #] RPPD - Ordinance #; 8 Material from May 3, 2004 Meeting ~ ~ ~ [i] RPPD - Background Info RPPD - MVM Memo RPPD - Staff Memo RPPD - Resolution 5. Tax Increment Revenue Bonds - Lower Main Development, LLC. Proof of publication on notice of hearing to consider the issuance of not to exceed $185,000 in urban renewal tax increment revenue bonds to support Lower Main Development, LL.C.'s redevelopment of the. former Weber Paper Company Building and City Manager recommending approval. RESOLUTION Instituting proceedings to take additional action for the issuance of not to exceed $185,000 Urban Renewal Tax Increment Revenue Notes RESOLUTION Authorizing and providing for the issuance of $182,000 Urban Renewal Tax Increment Revenue Notes, Taxable Series 2004, of the City of Dubuque, Iowa, and providing for the securing of such notes for the purpose of carrying out an Urban Renewal Project in the area of the City of Dubuque, Iowa designated as the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Lower Main - Resolution #1 ~ Lower Main - MVM Memo Lower Main - Staff Memo Lower Main- Resolution #2 Material from May 3,2004 Meeting ~ ~ ~ Lower Main - MVM Memo Lower Main - Staff Memo Lower Main - Resolution 6. Operations and Service Center Construction Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending that the public hearing on the Operations and Service Center Construction Project be tabled to June 7, 2004. Suggested Disposition: Receive and File; Table to June 7, 2004 ~ ~ Center - MVM Memo Service Ctr - Staff Memo 9 Material from April 5, 2004 Meeting ~ ~ ~ Service Ctr - MVM Memo Service Ctr - Staff Memo Service Ctr - Resolutions 7. 26th Street Storm Sewer Extension Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the 26th Street Storm Sewer Extension Project to Drew Cook & Sons Excavating Co., Inc., in the amount of $28,902.80. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions §J ~. ~ [Ij 26th Street - MVM Memo 26th Street - Staff Memo 26th Street - Resolutions 26th Street - Bid Tab Material from April 19, 2004 Meeting ~ ~ ~ Sewer - MVM Memo Sewer - Staff Memo Sewer - Resolutions 8. 2004 Asphalt Paving Project Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the 2004 Asphalt Paving Project to River City Paving, in the amount of $1,206,117.13. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ tIJ ~ lIJ 2004 Paving - MVM 2004 Paving - Staff 2004 Paving - 2004 Paving - Bid Memo Memo Resolutions Tab 10 Material from April 19, 2004 Meeting ~ ~ ~ 2004 Paving - MVM Memo 2004 Paving - MVM Memo 2004 Paving- Resolutions 9. Concrete Section Repair and Overlay of Samuel Street Proofs of publication on notice of hearing on plans and specifications and notice to bidders on the receipt of bids, and City Manager recommending award of the contract for the Samuel Street Repair Project to River City Paving, in the amount of $110,204.20. RESOLUTION Adopting plans and specifications RESOLUTION Awarding contract Suggested Disposition: Receive and File; Adopt Resolutions ~ ~ ~ Repair - MVM Memo Repair - Staff Memo Repair-Resolutions Repairs - Bid Tab Material from April 19, 2004 Meeting ~ ~ ~ iJ Samuel - Vicinity Mal Samuel- MVM Memc Samuel- Staff Memo Samuel-Resolutions REINSTATE THE RULES ACTION ITEMS 1. Grandview Avenue Parkway Demolition District Historic Preservation Commission recommending City Council approval of the establishment of the Grandview Avenue Parkway Demolition District. Communication from Rosemary Kieffer, 70 North Grandview Avenue, in opposition to the proposed demolition district. Communication of Sheila and Erich Vierkant in opposition to the Grandview Avenue Demolition District and requesting that the City Council allow public input regarding the issue. Communication of Alfred E. Hughes, 150 South Grandview Avenue, in opposition to the proposed demolition district. Communication of Marvin R. Heiderscheit submitting petitions of residents who have changed their position regarding the proposed demolition district and those in opposition to the district and requesting that citizen input be allowed on the issue. 11 Communication of Tammy Pfab requesting that she or Joan Belcastro be allowed to address the Council regarding the proposed demolition district. ORDINANCE Amending Chapter 11 (Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-4(a) to establish the Grandview Avenue Parkway Demolition District Suggested Disposition: Receive and File; Motion B; Motion A ~ m ~ ~ [i] Property Owner Ltr #1 [iJJ Property Owner Ltr #2 District - HPC Ltr District-Map District - Ordinance HPC Minutes [i] [i] ~ [iJJ [iJJ [iJJ Support Petitions/ Opposition Petitionsj Reversing Petitions Addl Opposing District - Ltrs Plab Ltr Ltrs Ltrs Petitions 2. Establishment of Fair Market Value - Eunice and James Newman City Manager recommending approval of the establishment of the fair market value of the Eunice and James Newman property needed for right-of-way for the realignment of University Avenue from Ethel Street to US 20 at the entrance to Theisen's. RESOLUTION Establishing fair market value for the acquisition of certain real property owned by James E. Newman in the City of Dubuque, Iowa for the University Avenue extension project Suggested Disposition: Receive and File; Adopt Resolution ~ ~ ~ [iJ] Graham Land Acq Ltl [jJ] Newman Ltr Newman - MVM Memo Newman - Staff Memo Newman - Resolutior Material from May 3, 2004 Meeting ~ ~ ~ [iJJ Newman - Plat of Survey Newman - MVM Memo Newman - Staff Memo Newman - Resolutior 3. Tax Increment Ordinance for the Greater Downtown Urban Renewal District City Manager recommending approval of a tax increment ordinance for the Greater Downtown Urban Renewal District to assist future public and private development efforts in the downtown and riverfront area. ORDINANCE Amending Ordinance Nos. 30-82 and 66-89, each as previously amended, providing that general property taxes levied and collected each year on all property located within the Greater Downtown Urban Renewal District of the City of Dubuque, County of Dubuque, State of Iowa, by and for the benefit of the State of Iowa, City of Dubuque, County of Dubuque, Dubuque Community School District, and other 12 taxing districts, be paid to a special fund for payment of principal and interest on loans, monies advanced to and indebtedness, including bonds issued or to be issued, incurred by said City in connection with the Urban Renewal Plan for the Greater Downtown Urban Renewal District Suggested Disposition: Receive and File; Motion B; Motion A ~ ~ ~ l1F - MVM Memo l1F - Staff Memo l1F Ordinance 4. "No Wake" Zone Communication of Michael Woodyard, Commodore of the Julien Dubuque Yacht Club, requesting a "no wake" zone in the Mississippi River from the Julien Dubuque Bridge to the railroad swing. City Manager response to Michael Woodyard, Commodore of the Julien Dubuque Yacht Club. Suggested Disposition: Receive and File; Refer to City Manager [i] Woodyard Ltr ~ Woodyard - MVM Memo 5. Point of Service Plan City Manager submitting information regarding the Point of Service health care plan recently adopted by the City's Health Care Committee. Suggested Disposition: Receive and File ~ tIJ ~ ~ [jJ] ~ Point of Service - MVM Memo Point of Service - Memo to Employees Questions and Staff Memo Answers Health Insurance Point of Service Plan Plan COUNCIL MEMBER REPORTS PUBLIC INPUT At this time, anyone in the Council Chambers may address the Council on matters which are of concem to that person and which are not an agenda item. Please take your place at the microphone and state your name and address clearly. Proceed with your comments; however, no formal action may be taken at this time on your comments because of the notice requirements of the Iowa Open Meetings Law. CLOSED SESSION Pending Litigation and Property Acquisition - Chapter 21.5(1 )(c)U) 2003 Code of Iowa 13